Azi Curtea Europeană a Drepturilor Omului a pronunţat o nouă decizie în care Republica Moldova a fost găsită vinovată de violarea vieţii private a unuia dintre cetăţenii ei, Oleg Mancevschi.
Petiţionarul este avocat şi a trebuit să suporte acum cîţiva ani percheziţii nejustificate la oficiu şi la domiciliu, suspectat fiind că ar avea legătură cu o crimă, de care era învinuit unul dintre clienţii săi.
Ulterior instanţele interne n-au putut demonstra că e e vinovat de ceva, deci şi percheziţiile au fost inutile, sumar argumentate juridic.
Acum contribuabilii trebuie să plătească mai mult de 4 000 (patru mii) de Euro unuia dintre noi, care n-a mai suportat fărădelegile şi a protestat.
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Violation of Article 8

The Court considered that the search of the applicant’s apartment and office, in which he had kept his clients’ case files, had interfered with his rights guaranteed under Article 8, and that the interference had pursued the legitimate aim of the prevention of disorder or crime. Considering whether the interference was necessary in a democratic society, the Court was struck, in particular, by the fact that the warrant had been formulated in extremely broad terms, which had given unfettered discretion to the investigator to search for anything he wanted in both the applicant’s apartment and the law office. However, the applicant himself was not charged with, or suspected of, any criminal offence or unlawful activities and the Court noted the absence of any special safeguard to protect lawyer-client confidentiality. The Court held unanimously that the authorities had failed in their duty to give relevant and sufficient reasons for issuing the search warrants. It concluded that there had been a violation of Article 8. Mr Mancevschi was awarded EUR 2,500 in respect of non-pecuniary damage and EUR 1,535 for costs and expenses. (The judgment is available only in English.)

Sursa : echr.coe.int